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The sociological and socio-legal literatures on social movements have identified three main types of “legal framing” in contemporary social movement discourse: collective rights framing, individual rights framing, and nationalistic legal framing. However, it is unclear from the current research how movement actors decide which of these framing strategies to use, under what circumstances, and to what effect. In this article, I offer a model for future empirical research on legal framing, which (1) distinguishes legal framing by its argumentative structure, ideological content, and remedy; and (2) analyzes how a social movement’s internal culture and institutional environment constrain the symbolic utility of particular legal frames and shape the movement’s legal framing strategy. I argue that the alternative approach offered here will help theorize how social movements strike a balance between the institutional pressure to reproduce dominant ideologies and the internal pressure to reform those ideologies. This perspective thus helps build socio-legal theory on the relationship between legal framing and social subordination, and on the conditions under which movements will be able to inflect legal language with insurgent social movement values.
While there has been the emergence of a substantial body of scholarship on the place of religion and spirituality in social work, the predominant voices in this discourse…
While there has been the emergence of a substantial body of scholarship on the place of religion and spirituality in social work, the predominant voices in this discourse have primarily been authors from the English-speaking North Atlantic countries. The purpose of this paper is to redress this issue by exploring the impact of other national perspectives.
Using a post-colonial perspective, the author reflects on the issues which emerged in seeking to develop a truly international perspective on religion and spirituality in social work.
There are important historical and contextual differences between countries which influence how social work is practiced, as well as different understandings as to what social work is. These differences are reflected in social workers’ understandings as to how religion and spirituality can be utilised in social work practice. It is also noted that the growing enthusiasm of social workers to embrace religion and spirituality in their practice needs to be tempered by the realisation that religion and spirituality can be harmful in some circumstances.
This paper demonstrates how drawing on a wider range of international perspectives has the potential to enrich social work scholarship and practice.
In response to the divides identified by some UK writers between critical legal scholarship, left political agendas, and empirical, policy-driven, socio-legal research…
In response to the divides identified by some UK writers between critical legal scholarship, left political agendas, and empirical, policy-driven, socio-legal research, and indications of similar divides in the US, this essay seeks to demonstrate the possibilities for work that negotiates between progressive political commitments, social and political theory, policy concerns, and social scientific approaches to the interface between law and society. It does so by reference to three case studies of critical, feminist socio-legal scholarship, which address policy issues in the areas of family law, the legal profession, and access to justice.
Purpose – The chapter explores the use of freedom of information (ATI/FOI) requests in social science research, with specific focus on using ATI/FOI requests in socio-legal…
Purpose – The chapter explores the use of freedom of information (ATI/FOI) requests in social science research, with specific focus on using ATI/FOI requests in socio-legal studies, criminal justice studies, and criminology.
Methodology/approach – ATI/FOI requests constitute a novel method of data collection that has methodological and also epistemological implications for researchers.
Findings – The chapter explains how to use ATI/FOI requests in social science as well as how to navigate challenges and barriers ATI/FOI users regularly face.
Originality/value – There is a paucity of writings on use of ATI/FOI requests in socio-legal studies, criminal justice studies, and criminology. The chapter reveals the value of using ATI/FOI in social science and the originality of the data that ATI/FOI requests can result in.
This chapter derives from the movieDr. Strangelovecues for exploring questions about the quest for methodological insularity and purity in socio-legal research. Steven…
This chapter derives from the movieDr. Strangelovecues for exploring questions about the quest for methodological insularity and purity in socio-legal research. Steven Lukes’ classic three-dimensional model of power provides an intellectual focus for the core exploration of relations between epistemology and data generation, the two key elements that we usually identify with methodology. The discussion culminates in an affirmative argument for the value of approaching methodology as jazz, the creative popular music that grounds reliable, humane sense in Kubrick's movie and provides an apt analogy for much of the leading scholarship in the LSA tradition.
Using socio-legal research on arrests and the criminal justice system, this paper contests the implicit argument in recent research on repression that arrests are “softer”…
Using socio-legal research on arrests and the criminal justice system, this paper contests the implicit argument in recent research on repression that arrests are “softer” than police violence. Specifically, the paper explores the physical conditions of arrest and detention, and the extent to which arrests initiate costly interactions with the legal system that punish defendants before they are even tried (or even if charges are later dropped). Using data on arrests and police practices from mine strikes in Arizona from the early 1980s and data on arrests and police practices during urban riots in the 1960s, the paper: (1) discusses the physical realities of arrest and detention; (2) outlines the array of costs that arrests impose on protesters; (3) discusses the implications of biased policing on that set of costs; and (4) examines the costs associated with mass arrests. The paper concludes this empirical analysis by questioning the commensurability of arrests with other forms of police action, including violence, against protesters.
Protests surrounding the 2004 Republican National Convention (RNC) resulted in over 1,800 arrests. Scholarship on repression is divided about the likely impacts of arrests…
Protests surrounding the 2004 Republican National Convention (RNC) resulted in over 1,800 arrests. Scholarship on repression is divided about the likely impacts of arrests on subsequent activism. Interviews with RNC arrestees are used to examine potential effects. Findings offer twists to social movements and socio-legal hypotheses: (1) while many arrestees were less willing to protest after their arrest, for many of these individuals deterrence was selective, not wholesale; (2) many factors that were expected to neutralize repressive impacts either resulted in deterrence or set the stage for radicalization; and (3) individuals who were radicalized shared strong preparation for their arrest experience.
Introducing the concept of intra-social movement backlash this chapter explores the “legacy phase” of legal action focusing on conflicts and debates within a social…
Introducing the concept of intra-social movement backlash this chapter explores the “legacy phase” of legal action focusing on conflicts and debates within a social movement that has mobilized. Using a legal mobilization framework attuned to the recursive relationship between rights, rights-claiming activities, and collective identity, the chapter analyzes the mixed legacies of movement strategic litigation. Empirically, the chapter offers two illustrative case studies of intra-movement backlash in the women's and the disability rights movements in Canada. The findings suggest that while this form of backlash can have negative, disempowering effects, it also offers opportunities to challenge hegemonic structures within a social movement and re-imagine collective identities.
Since its emergence as a field of study, law and society scholarship has grown to encompass an array of disciplines, perspectives, methods, and political orientations. A consequence of this disciplinary hypostatization has been to produce a scholarly goulash which, while at times nourishing, now faces the dual dangers of institutional fracture and intellectual incoherence. The aim of this essay is to map a way to embrace the eclecticism that characterizes the field and yet avoid the dangers of dilettantism and to cultivate the interdisciplinarity its founders envisioned without sacrificing a sense of shared purpose or abandoning the possibility of collectively producing a better understanding of law.
This paper aims to compare and contrast the concept, mechanism and functions of the two socio-economic institutions, i.e. waqf (Islamic trust) and English trust. It…
This paper aims to compare and contrast the concept, mechanism and functions of the two socio-economic institutions, i.e. waqf (Islamic trust) and English trust. It endeavours to juxtapose the salient features of waqf and trust with an objective to examine the nature of similarities and dissimilarities between the two institutions.
This paper applies the socio-legal research methodology and uses qualitative paradigm to analyse the literature. The paper is based on a desk-based research.
This paper finds that there is nothing intrinsically rigid in the jurisprudential paradigm of waqf which might impinge upon either the efficiency or effectiveness of the waqf vis-à-vis trust. The main findings of the paper are encapsulated in underlining certain Shariah principles which essentially hold waqf from transforming into a trust-like secular institution.
This paper compares the jurisprudential underpinnings and conceptual frameworks of waqf and trust, and it does not evaluate their efficiency or effectiveness in empirical terms. The underlying socio-economic efficiency and impacts of the two institutions can be examined empirically in separate comparative case studies.
This paper examines and critically analyses the different socio-economic implications that waqf and trust entail for the societies in which they function. This analysis is important for the policy recommendations towards protecting the religious identity of waqf while re-structuring its models.
The main contribution of the paper is encapsulated in the critical analysis of how the paradigms of the two institutions, i.e. waqf and trust, which appear similar in form but differ in the substance, are shaped and governed.